2003 Wisconsin Act 33

196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion shall identify on customer bills a single amount that is the total amount of the adjustment.

33,2312d Section 2312d. 196.218 (4t) of the statutes is amended to read:

196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73 16.997.

33,2313d Section 2313d. 196.218 (5) (a) 5. of the statutes is amended to read:

196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 to the extent that these costs are not paid under s. 44.73 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 16.997 (2r) (a).

33,2314d Section 2314d. 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 16.971 (13) to (16) to the extent that these costs are not paid under s. 16.997 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 16.997 (2r) (a).

33,2315 Section 2315. 196.218 (5) (a) 6. of the statutes is amended to read:

196.218 (5) (a) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

33,2316d Section 2316d. 196.218 (5) (a) 7. of the statutes is amended to read:

196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board department of administration to school districts and private schools under s. 44.73 16.997 (6). This subdivision does not apply after June 30, 2002 December 31, 2005.

33,2317 Section 2317. 196.218 (5) (a) 10. of the statutes is repealed.

33,2317c Section 2317c. 196.218 (5) (a) 11. of the statutes is created to read:

196.218 (5) (a) 11. To provide for state aid to public library systems under s. 43.24.

33,2317m Section 2317m. 196.374 (5) of the statutes is created to read:

196.374 (5) The commission may not require any public utility to operate or otherwise provide for, or impose any assessment on public utility customers for, any program established by the department of administration under s. 16.957 (2) (b) 1. This subsection does not apply to contributions that are required under sub. (3).

33,2318 Section 2318. 196.491 (2) (e) of the statutes is amended to read:

196.491 (2) (e) Any state agency, as defined in s. 16.375 560.9810 (1), county, municipality, town or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

33,2321 Section 2321. 196.85 (3) of the statutes is amended to read:

196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer secretary of administration shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that goods and chattels anywhere within the state may be levied upon.

33,2322 Section 2322. 196.85 (4) (d) of the statutes is amended to read:

196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.

33,2323 Section 2323. 196.85 (5) of the statutes is amended to read:

196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every public utility, sewerage system, joint local water authority, or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

33,2324 Section 2324. 196.858 (1) and (2) of the statutes are amended to read:

196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.530 20.505 (1) (ir).

(2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.530 20.505 (1) (ir).

33,2325h Section 2325h. 200.49 (1) (a) of the statutes is amended to read:

200.49 (1) (a) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by one or more minority group members and that is engaged in construction or construction-related activities business that is certified by the department of commerce under s. 560.036 (2).

33,2325j Section 2325j. 200.49 (3) (intro.) of the statutes is amended to read:

200.49 (3) Request for proposals. (intro.) The executive director shall request proposals for prime contracts from bondable general contractors or construction contractors that are bona fide independent minority businesses. Each proposal submitted shall include all of the following conditions:

33,2325k Section 2325k. 200.49 (3) (b) of the statutes is amended to read:

200.49 (3) (b) A subcontracting plan that provides sufficient detail to enable the executive director to determine that the prime contractor has made or will make a good faith effort to award at least 20% of the total contract amount to bona fide independent minority business subcontractors.

33,2325m Section 2325m. 200.49 (4) of the statutes is repealed.

33,2330 Section 2330. 214.01 (1) (im) of the statutes is amended to read:

214.01 (1) (im) "Division" means the division of savings institutions banking.

33,2331 Section 2331. 214.01 (1) (sr) of the statutes is amended to read:

214.01 (1) (sr) "Review board" means the savings bank institutions review board.

33,2332 Section 2332. 214.592 of the statutes is amended to read:

214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

NOTICE OF RELATIONSHIP

This company, .... (insert name and address of savings bank, savings bank holding company, or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

33,2334 Section 2334. 215.01 (6) of the statutes is amended to read:

215.01 (6) "Division" means the division of savings institutions banking.

33,2335 Section 2335. 215.01 (22) of the statutes is amended to read:

215.01 (22) "Review board" means the savings and loan institutions review board.

33,2336 Section 2336. 215.02 (title) of the statutes is repealed and recreated to read:

215.02 (title) Powers of the division.

33,2337 Section 2337. 215.02 (10) (a) 3. of the statutes is amended to read:

215.02 (10) (a) 3. An order of removal takes effect on the date issued. A copy of the order shall be served upon the association and upon the officer, director, or employee in the manner provided by law for service of a summons in a court of record or by mailing a copy to the association and officer, director, or employee at their last-known, post-office addresses. Any removal under this subsection has the same effect as if made by the board of directors or the members or stockholders of the association. An officer, director, or employee removed from office or employment under this subsection may not be elected as an officer or director of, or be employed by, an association without the approval of the division and the review board. An order of removal under this subsection is a final order or determination of the review board under s. 215.04 (6) (5).

33,2338 Section 2338. 215.04 of the statutes is repealed and recreated to read:

215.04 Review board. (1) Duties. The review board shall do all of the following:

(a) Advise the division on matters related to this chapter.

(b) Review the acts, orders, and determinations of the division.

(c) Act on any matters pertaining to this chapter that are submitted to it by the division.

(d) Perform other review functions relating to this chapter.

(e) Conduct hearings and take testimony, and subpoena and swear witnesses at such hearings. The review board shall have the subpoena powers under s. 885.01 (4).

(2) Appearances. An interested party may appear at a proceeding of the review board and may participate in the examination of witnesses and present evidence.

(3) Witness fees. A person who causes a witness to be subpoenaed shall advance the fees and mileage expense of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) (g).

(4) Review of acts, orders, or determinations. Any interested person or a savings association aggrieved by any act, order, or determination of the division, which relates to savings and loan associations, may, within 20 days after receipt or service of a copy of the act, order, or determination, file a written notice requesting the review board's review of the division's act, order, or determination. The review of the division's decision shall be solely to determine if the division acted within the scope of the division's authority and did not act in an arbitrary or capricious manner and to determine if the act, order, or determination of the division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new charters, branch offices, or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Requests for review under this subsection shall be considered and disposed of as speedily as possible.

(5) Review. A determination of the review board is subject to review under ch. 227. If an act, order, or determination of the division is reversed or modified by the review board, the division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1).

(6) Board member not to act. A member of the review board may not act on any matter involving a savings and loan association or savings and loan holding company of which the member is an officer, director, employee, or agent.

33,2339 Section 2339. 215.141 of the statutes is amended to read:

215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

NOTICE OF RELATIONSHIP

This company, ..... (insert name and address of association, savings and loan holding company, or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

33,2341 Section 2341. 215.33 (3) (b) 2. of the statutes is amended to read:

215.33 (3) (b) 2. The accounts of the association are insured by the deposit insurance corporation or any other insurer acceptable to the division, or that adequate and sufficient securities have been deposited with the state treasurer secretary of administration to assure that the association will meet its obligations to the residents of this state.

33,2342 Section 2342. 215.40 (18) of the statutes is amended to read:

215.40 (18) Appeal by applicants after being denied certificate of authority. If the division refuses to grant a certificate of authority to organize an association, and the applicants feel aggrieved thereby, they may appeal to the review board to review the division's determination under s. 215.04 (1) (d) (b) and (4).

33,2343 Section 2343. 220.02 (2) (e) and (f) of the statutes are created to read:

220.02 (2) (e) Savings banks under ch. 214.

(f) Savings and loan associations under ch. 215.

33,2344 Section 2344. 220.02 (3) of the statutes is amended to read:

220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, savings banks, savings and loan associations, and trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, and collection agencies and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals, or otherwise, but to exclude laws relating to credit unions.

33,2346 Section 2346. 221.0303 (2) of the statutes is amended to read:

221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place, and operate, or participate in the acquisition, placement, and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association, or savings bank, if the credit union, savings and loan association, or savings bank requests to share its use, subject to rules jointly established by the division of banking, and the office of credit unions and the division of savings institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

33,2347 Section 2347. 221.0320 (3) (a) of the statutes is amended to read:

221.0320 (3) (a) In this subsection, "local governmental unit" has the meaning given in s. 22.01 16.97 (7).

33,2348 Section 2348. 221.0321 (5) of the statutes is amended to read:

221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

33,2349 Section 2349. 223.02 (1) (intro.) of the statutes is amended to read:

223.02 (1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the state treasurer secretary of administration or the state treasurer's secretary's agent in accordance with the following provisions:

33,2350 Section 2350. 223.02 (1) (b) of the statutes is amended to read:

223.02 (1) (b) The state treasurer secretary of administration or the state treasurer's secretary's agent shall pay over to the bank trust company the interest, dividends, or other income on deposit or may authorize the bank trust company to collect the interest, dividends, or other income. The state treasurer secretary of administration shall issue a certificate stating that a deposit has been made with the state treasurer secretary of administration or the state treasurer's secretary's agent in the manner provided in this section.

33,2351 Section 2351. 223.02 (1) (c) of the statutes is amended to read:

223.02 (1) (c) The state treasurer secretary of administration or the state treasurer's secretary's agent shall hold the deposit as security for the faithful execution of any trust which may be lawfully imposed upon and accepted by the trust company bank. The cash or securities shall remain in the possession of the state treasurer secretary of administration or the state treasurer's secretary's agent until otherwise ordered by a court of competent jurisdiction, unless released pursuant to par. (d).